This chapter is enacted and ordained under the grant of powers
contained in the Pennsylvania Municipalities Planning Code (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter shall be known as and may be cited as the "Borough
of Lemoyne Zoning Ordinance," "Lemoyne Zoning Ordinance," or "Zoning
Ordinance."
The purpose of this chapter is to:
A.
Promote, protect, and facilitate one or more of the following: the
public health, safety, morals, or general welfare; the provision of
adequate light and air; and other public requirements.
B.
Prevent one or more of the following: overcrowding; blight; or loss
of health, life or property from fire, flood, or other dangers.
C.
Establish a Zoning Map dividing Lemoyne Borough into zoning districts
with varying regulations.
D.
Permit, prohibit, regulate and determine the uses of land, watercourses,
and other bodies of water; the size, height, bulk, location, erection,
construction, repair, expansion, razing, removal, and use of buildings
and structures, as well as yards and other open areas to be left unoccupied.
E.
Establish the requirements for density and intensity of uses.
F.
Promote innovative design to preserve and enhance the established
and important sense of community, neighborhoods, and character areas.
G.
Provide diverse housing opportunities, including housing that is
affordable.
H.
Encourage and accommodate appropriate and compatible adaptive reuse,
replacement, infill development, and redevelopment.
I.
Serve as a tool that is part of an overall plan for the orderly,
appropriate and compatible growth and development in Lemoyne Borough,
by incorporating the overall objectives and principles of, as well
as seeking to implement the most recent version of the Lemoyne Borough
Comprehensive Plan, and/or other applicable plans adopted by the Borough
of Lemoyne.
A.
Interpretation. In interpreting and applying this chapter, its provisions
shall be held to be the minimum requirements for promotion of health,
safety, morals and general welfare of Lemoyne. Any use permitted subject
to the regulations prescribed by the provisions of this chapter shall
conform with all regulations of the zoning district(s) in which it
is located and elsewhere herein this chapter, as well as with all
other applicable regulations of this and other related chapters, ordinances,
standards, and/or rules. This chapter is not intended to interfere
with, abrogate, annul, supersede, or cancel any easements, covenants,
restrictions or reservations contained in deeds or other agreements,
but if this chapter imposes more stringent restrictions upon the use
of buildings, structures, land (which also includes water bodies/courses)
than are elsewhere established, the provisions of this chapter shall
prevail. Unless otherwise specified elsewhere in this chapter, wherever
and whenever the requirements of this chapter are not consistent with
the requirements of any other legally adopted laws, rules, regulations,
chapters, or ordinances, the most restrictive, or that imposing the
higher standards, shall govern. In interpreting the language of this
chapter to determine the extent of the restriction upon the use of
property, the language shall be interpreted, where doubt exists as
to the intended meaning of the adopted language, in favor of the property
owner and against any implied extension of the restriction.
B.
Uses not otherwise provided for. Any use which clearly is not permitted
by right, by special exception use, nor by conditional use by this
chapter within any zoning district, or a use which is not defined
by this chapter, then such use shall be prohibited, except that the
Lemoyne Borough Council may permit such use by conditional use if
the applicant proves to the satisfaction of the Lemoyne Borough Council
that all of the terms and conditions set forth below:
(1)
The proposed use is in general conformity with the most recent version
of the Lemoyne Borough Comprehensive Plan, and/or other applicable
plans adopted by the Borough of Lemoyne, and in harmony with the zoning
district, area, and neighborhood in which it is proposed.
(2)
The proposed use is:
(a)
Similar to and compatible with the permitted uses in the zoning
district in which the subject property is located.
(b)
Not permitted in any other zoning district under the terms of
this chapter.
(c)
In no way conflicting with the general purposes and intent of
this chapter or the zoning district in which the subject property
is located.
(3)
The external impacts associated with the proposed use would be equal
to or less intensive than external impacts associated with other uses
that are permitted in the zoning district in which the subject property
is located.
(4)
The location of the proposed use would not endanger the public health
and safety, and the use will not deteriorate the environment or generate
nuisance conditions such as traffic congestion, noise, dust, smoke,
glare or vibration.
(5)
The proposed use must comply with Borough building, health, housing,
rental, safety, property and other applicable local, county, state,
and federal code and licensing requirements. All such licenses, certificates,
and permits shall have been obtained and presented to the Borough,
or shall be a condition of approval.
(6)
The proposed use would meet the standards that apply under Article XII of this chapter relating to conditional uses.
(7)
The applicant shall provide:
(a)
The information required in Article VII of this chapter relating to hours of operation and management plan. This information is required for both residential and nonresidential uses.
(c)
A plot/site plans required in Article XII of this chapter relating to applications for zoning permits.
(d)
A schematic architectural drawing of the principal building(s)
front facade(s).
A.
Within Lemoyne Borough, Cumberland County, Pennsylvania, no land,
body of water, or structure shall hereafter be used or occupied and
no structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered except in conformity
with all regulations and procedures specified for in the zoning district
in which such land, body of water, or structure is located, as well
as with all other applicable provisions of this chapter and other
applicable chapters of the Code of the Borough of Lemoyne.
B.
This chapter shall not apply to an existing or proposed building
or structure or extensions thereof, that is used or to be used by
a public utility corporation, if upon petition of the corporation,
the Pennsylvania Public Utility Commission (PUC) shall, after a public
hearing, decide that the present or proposed situation of the building
in question is reasonably necessary for the convenience or welfare
of the public. It shall be the responsibility of the PUC to ensure
that both the corporation and the Borough of Lemoyne have notice of
the hearing and are granted an opportunity to appear, present witnesses,
cross-examine witnesses presented by other parties, and otherwise
exercise the rights of a party to the proceedings. The exemptions
and procedures shall be in accordance with the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Notwithstanding the foregoing, the requirements of this chapter shall
not apply to municipal-owned uses, land, facilities, or structures
owned by the Borough of Lemoyne, nor to uses, land, facilities, or
structures owned by a municipal authority created by the Borough of
Lemoyne, or an agent thereof that is authorized or created by the
Borough of Lemoyne or municipal authority to provide governmental
or public health and safety services. Further, the requirements of
this chapter shall not apply to private uses permitted by the Borough
of Lemoyne, its municipal authorities, or their authorized agents,
to be conducted upon and or in land or structures owned and/or operated
by the Borough, municipal authorities, or authorized agents. In any
instance in which applicable zoning provisions would be affected by
noncompliance if not for the exemption provided herein, the Lemoyne
Borough Council shall take public comment on the specific zoning provisions
and related issue(s) at an advertised public meeting of the Lemoyne
Borough Council. Notice of the public meeting shall be mailed by the
Borough of Lemoyne at least 30 days prior to the date of the meeting
by first class mail to the addresses to which real estate tax bills
are sent for all real property located within 200 feet of the exempt
tract, as evidenced by tax records within the possession of the Borough
of Lemoyne. Additionally, notice shall be provided to the Lemoyne
Planning Commission at least 30 days prior to the date of the public
meeting of the Lemoyne Borough Council. Such notices shall include
the location, date, and time of the public meeting; and shall include
the location of said exempt tract, a description of the proposed use/development
of the exempt tract, and the specific zoning provisions for which
strict compliance cannot be met by the proposed use/development of
the exempt tract.
A.
For the purpose of this chapter, Lemoyne Borough is hereby divided
into specific underlying or base zoning districts and overlay zoning
districts, which shall be designated as follows in Table 550-1-1,
Zoning Districts:
|
Table 550-1-1
Zoning Districts
| |
|---|---|
|
Zoning District Name
|
Specific Article or Section Reference
|
|
Residential Zoning Districts
| |
|
Suburban Residential Zoning District (SR)
|
Article III
|
|
Urban Residential Zoning District (UR)
|
Article III
|
|
Mixed-Use Zoning Districts
| |
|
Village Mixed-Use Zoning District (VMU)
|
Article IV
|
|
Downtown Zoning District (DT)
|
Article IV
|
|
Office Residential Zoning District (OR)
|
Article IV
|
|
General Business and Other Zoning Districts
| |
|
Office Zoning District (OFF)
|
Article V
|
|
Commercial General Zoning District (CG)
|
Article V
|
|
Industrial Zoning District (IND)
|
Article V
|
|
Overlay Zoning Districts
| |
|
Floodplain Management Overlay Zoning District (FPO)
|
§ 550-27
|
|
Airport Overlay Zoning District (APO)
|
§ 550-28
|
|
Development Compatibility Overlay Zoning District (DCO)
|
§ 550-29
|
|
Heritage Conservation Overlay Zoning District (HCO)
|
§ 27-605[1]
|
|
Natural Resources Overlay Zoning District (NRO)
|
§ 550-30
|
[1]
Editor's Note: So in original.
B.
Zoning Map. Unless otherwise noted, the locations and boundaries
of the specific zoning districts and overlay zoning districts are
shown upon the map(s) that are attached to and made a part of this
chapter. The map(s) and all notations, references and other data shown
thereon are hereby incorporated by reference into this chapter as
if all were fully described herein. The map(s) shall be designated:
C.
Zoning district boundaries. The boundaries between zoning districts
are shown by zoning district boundary lines on the Zoning Map(s).
Where uncertainty exists as to the location of boundaries of any zoning
districts shown on the Zoning Map(s), the following rules shall apply:
(1)
Where zoning district boundaries are so indicated as approximately
coinciding with the center lines of streets, highways, railroad lines,
other rights-of-way lines, streams, or ridge lines, such center lines
shall be construed to be the zoning district boundaries.
(2)
Where zoning district boundaries are so indicated as approximately
coinciding with lot lines, such lot lines shall be construed to be
the zoning district boundaries.
(3)
Where zoning district boundaries are so indicated that as approximately
parallel to center lines of streets, highways, railroad lines, and
other rights-of-way, the zoning district boundaries shall be construed
as parallel thereto and at such distances from the center line as
indicated on the Zoning Map(s).
(4)
For unsubdivided land or where a zoning district boundary divides
a lot, the location of the zoning district boundary, unless dimensions
are indicated, shall be determined by the scale appearing on the Zoning
Map(s).
(5)
Where a municipal boundary divides a lot, the minimum lot area shall
be regulated by the municipality in which the principal use(s) are
located, unless otherwise provided by applicable case law. The land
area within each municipality shall be regulated by the use regulations
and other applicable regulations of each municipality.
(6)
In the case of any uncertainty as to zoning district boundaries on the Zoning Map(s), the Zoning Officer shall determine the zoning district boundaries; however, the Zoning Officer's determination may be appealed to the Zoning Hearing Board in accordance with Article XII of this chapter relating to Zoning Hearing Board.
The granting of a zoning permit for the erection or use of a
structure, building, or lot shall not constitute a representation,
guarantee or warranty of any kind or nature by the Borough of Lemoyne,
or an official or employee, thereof, of the safety of any structure,
building, use, or other proposed plan from cause whatsoever, and shall
create no liability upon or a course of action against the Borough
of Lemoyne or such public official or employee for any damage that
may be pursuant thereto.
It is recognized that the following acts preempt zoning ordinances.
Therefore, suggestions, recommendations, options or directives contained
herein are intended to be implemented only to the extent that they
are consistent with and do not exceed the requirements of these acts.
Nothing contrary to these acts shall be mandated by this chapter.
